Impacts of LDC Graduation on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in Cambodia, Djibouti, Senegal and Zambia

Least developed countries (LDCs) benefit from specific flexibilities under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), including an extended transition period for implementation of the agreement. These flexibilities cease to apply when countries graduate from the LDC category. Cambodia, Djibouti, Senegal and Zambia are among the countries that have recently started the graduation process, which consists of a series of stages over several years and involves analysis of quantitative and qualitative information, including the expected impacts of graduation. In that context, this study analyses the policy and developmental implications for these countries of no longer benefitting from the LDC-specific provisions of the TRIPS Agreement. The study finds that the countries under analysis do not make full use of the LDC-specific flexibilities, with exceptions particularly in the area of pharmaceuticals in Cambodia. After graduation, countries would still be able to apply a number of flexibilities and policy space available under TRIPS that are not exclusive to LDCs, but this would require legislative action and capacity-building. For the most part, however, these countries lack the necessary conditions to be able to benefit from stronger standards of IP protection that are absent in the LDCs. The paper concludes with recommendations for countries as they prepare for graduation.